notice to centurylink qc customers · competition for retail residential telecommunications...
TRANSCRIPT
BEFORE THE NEW MEXICO PUBLIC REGULATION COMMISSION
IN THE MATTER OF THE PETITION OF CENTURYLINK QC REGARDING
Case No. 18-00295-UT EFFECTIVE COMPETITION FOR RETAIL RESIDENTIAL SERVICES
Notice to CenturyLink QC Customers
NOTICE is hereby given 0£ the following matters pertaining to the above
captioned case pending before the New Mexico Public Regulation Commission
("Commission"):
1) On September 19, 2018, Qwest Corporation d/b/ a Century Link QC
("Century Link QC'1) filed a Petition Requesting a Determination of Effective
Competition for Retail Residential Telecommunications Services Pursuant to NMSA
1978, § 63-9A-8(C) (11Pctition11). The Petition asks the Commission to find that
Century Link QC' s residential telecommunications services are subject to effective
competition in all CenturyLink QC wire centers in New Mexico. The Century Link QC
wire centers in New Mexico are in Alamogordo, Albuquerque, Angel Fire/Eagle Nest,
Anthony, Artesia, Aztec, Bayard, Belen, Bernalillo, Chaparral, Cimarron, Clovis,
Estancia, Farmington, Gallop, Grants, Hatch, Laguna-Acoma, La Mesa, Las Cruces, Los
Alamos, Los Lunas, Moriarty, Mountajnair, Pefia Blanca, Pefiasco, Portales, Questa,
Raton, Red River, Roswell, Santa Fe, Santa Teresa, Silver City, Springer, Taos, Tijeras,
and Tucumcari. Century Link also filed the direct testimony of David Ziegler in
support of its Petition on October 26, 2018.
2) The Petition asks the Commission to make two determinations: (a) find
and declare that there is effective competition for Cen turyLink QC's retail residential
telecommunications services in each CenturyLink QC wire center serving area, and (b)
eliminate all tariffs and regulations regarding pricing, service quality, and consumer
protection in those wire center serving areas for all Century Link QC
telecommunications services provided to retail residential customers.
3) Century Link QC is not seeking any Commission determination regarding
the competitiveness of retail business telecommunications services in this proceeding.
NMSA 1978, § 63-9A-8(C) requires separate determinations for residential and business
services and customer locations, so any petition regarding business services must be the
subject of another proceeding.
4) Under§ 63-9A-8(A), the Commission shall, upon petition, hold hearings
to determine if any public telecommunications service is subject to effective competition
in the relevant market area. When the Commission has made a determination that a
service or part of a service is subject to effective competition, the Commission shall
11modify, reduce or eliminate rules, regulations and other requirements applicable to the
provision of such service, including the fixing and determining of specific rates, tariffs
or £ares for the service. 11 NMSA 1978, § 63-9A-8(A). The Commission's action may
Notice to Ce11turyL-i11k QC C11sto111ers Case No. 18-O0295-UT Page 2 of7
include the detariffing of service or the establishment of minimum rates which will
cover the costs for the service. ld.
5) Century Link QC asks the Commission to find its retail residential
telecommunications services subject to effective competition under§ 63-9A-8(C), which
states that if, in the wire center serving area for which a determination of effective
competition is requested, the incumbent local exchange carrier provides basic local
exchange service either separately or bundled to less than one-half of the customer
locations where such service is available at the time the petition is filed, the public
interest requires that effective competition be presumed for all regulated
telecommunications services provided by the incumbent provider in that wire center
serving area.
6) The Commission has jurisdiction over the parties and subject matter of
this case.
7) Pursuant to the Order of the Hearing Examiner, a prehearing conference
was held on January 9, 2019.
8) Following that prehearing conference, the Hearing Examiner issued an
order on January 28, 2019 establishing a procedural schedule for issue (a) identified in
paragraph 2 above (whether or not effective competition exists for retail residential
telecommunications services). To address issue (b) identified in pru:agraph 2
(determining the appropriate regulatory reforms to be adopted), a separate procedural
schedule will be determined, if necessary, once the Commission has made a
Notice to Ce11t-,1ryLillk QC Customers Case No. 18-00295-UT Page 3 of 7
determination as to whether or not effective competition exists. Other procedural
details are described with more particularity in that Procedural Order. The procedural
schedule for the first issue is as follows:
a. A public hearing will be held beginning at 9:00 a.m. on June 11,
2019, and continue as necessary through June 13, 2019, at the
Commission1s Ground Floor Hearing Room, 1120 Paseo de Peralta,
P.E.R.A. Building, Santa Fe, New Mexico, for the purpose of
hearjng and receiving evidence, arguments and any other
appropriate matters related to this proceeding.
b. No later than March 15, 2019, any person who desires to become a
party to this case must file a motion for leave to intervene, pursuant
to 1.2.2.23.A and 1.2.2.23.B NMAC.
c. CenturyLink QC shall file Amended Direct Testimony on or before
January 31, 2019.
d. Staff shall, and Intervenors may, file Direct Testimony on or before
April 15, 2019.
c. Any Rebuttal Testimony shall be filed no later than May 15, 2019.
£. Any preheru:ing motions or motions in liminc shall be filed no later
than May 29, 2019.
Notice to Ce11t11ryLi111' QC Customers Case No. 18-00295-UT Pagc4 of7
g. The Commission's Administrative Procedures (1.2.2 NMAC) will
apply to this case except as modified by Order of the Commission
or Hearing Examiner.
h. The procedural dates and requirements provided herein are subject
to further Order of the Commission 01· Hearing Examiner.
i. Any person whose tesfunony has been filed will attend the hearing
and submit to examination under oath, unless specifically excused
by the Hearing Examiner.
J· Any interested person may appear at the time and place of hearing
and make written or oral comment pursuant to 1.2.2.23.F NMAC
without becoming an Intervenor. Interested persons may also send
written comments, which shall reference NMPRC Case No. 18-
00295-UT, to the Commission's Records Management Bureau,
P.E.R.A. Building 1120 Paseo de Peralta, P.O. Box 1269 Santa Fe,
New Mexico 87504-1269. All such comments wi11 not be considered
as evidence in this case.
9) Interested persons may exarrrine CenturyLink QC's Application and the
prefiled testimony, exhibits, pleadings, and other documents filed in the public record
for this case online at http:// runprc.state.nm.us under "Case Lookup Edocket/' or at
the Commission's address set out above. All inquiries or written comments concerning
this matter should refer to Case No. 18-00295-UT.
Notice to Ce11turyLiuk QC Customers Case No. 18-00295-UT Page 5 of7
10) Anyone filing pleadings, testimony, and other documents in this case may
file either in person at the Commission's Records Management office in the P.E.R.A.
Building in Santa Fe, New Mexico or by mail to the Commission's address at P.O. Box
1269, Santa Fe, New Mexico 87504-1269, and shall serve copies thereof on all parties of
record and Staff in the way or ways specified (i.e., by email and first-class mail or hand
delivery, or by email only) in the most recent Certificate of Service issued in this case by
the Hearing Examiner or Commission. Copies of all filings sha 11 also be emailed on the
date of filing and service to the Hearing Examiner at [email protected]. All
documents emailed to the Hearing Examiner shall also include versions created in
Microsoft Word or other native formats if available.
11) The filing and service of pleadings and other documents in this case are
subject to applicable Commission rules (see, e.g., 1.2.2.10, 1.2.2.11, and 1.2.2.25.H
NMAC), except that service of discovery requests and responses shall be exclusively via
electronic transmission unless otherwise agreed or ordered Responses to discovery
requests shall be served in the manner provided herein within seven (7) days after
service of the request(s) unless otherwise agreed or ordered. Consistent with 1.2.2.25.H
NMAC, elech·onic service of discovery requests and responses shall not be made upon
the Hearing Examiner. Exhibits to discovery responses shall be served at the same time
and in the same manner as such responses unless otherwise agreed or ordered.
Notice t"o Ce11t11ryLi11/c QC C11sto111ers Case No. lB-00295-UT Paee6of7
12) Interested persons should contact the Commission at (505) 827-6956 for
confirmation of the hearing date, time and place, since hearings are occasionally
rescheduled.
13) Any person with a disability requiring special assistance in order to
participate in this proceeding should contact the Commission at (505) 827-4084 at least
24 hours prior to the commencement of the hearing.
ISSUED at Santa. Fe, New Mexico on January 28, 2019.
NEW MEXICO PUBLIC REGULATION COMMISSION
Carolyn R.Glk Hearing Examiner
Notice to Cc11t11ryLi11lc QC Customers Case No. 18-00295-UT Page7 of7